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Thread ID: 124853	2012-05-23 15:06:00	Text SENDER Liability Too?	SurferJoe46 (51)	PC World Chat

Post ID	Timestamp	Content	User
1276918	2012-05-23 15:06:00	Interesting twist on a lawsuit in the mill at the moment . Seems a couple on a motorcycle got hit and they both a leg (each) to a driver who was distracted whilst texting . I totally agree that the kid was responsible - my wife and I got hit by a woman texting a few years ago in SoCal . The fine for using a cell phone is only $10 . 00 per infraction in California, and texting is just now working it's way through the legislation as a possible infraction too . So far in Montana, there is no statewide law and it is up to the local constabulary to enforce any laws so-enacted - locally, that is! The $10 . 00 fines are just silly . They should be more along the line of a moving violation and therefor should be the standard $371 plus cost of court, officer's time off duty at time-and-a-half pay rate, use of the building lights, air conditioning, security officers, etc, etc . NOW comes this new potential liability of which I am TOTALLY in favor::: Text message sender may be held responsible for car crash NINA MANDELL - Wednesday, May 09, 2012 Shannon Colonna was merely texting her friend Kyle Best when he slammed his car into a New Jersey couple riding on a motorcycle one early morning in September of 2009 . Now a judge may hold her partially responsible for David and Linda Kubert's severe injuries, after the couple filed a lawsuit in which they claim she knew her teenage friend was driving — and texted him anyway, the couple’s lawyer, Stephen “Skippy” Weinstein told the Daily News . The Kuberts, who both lost their left legs because of the horrific crash, launched a public campaign against texting while driving shortly after the accident . The two were avid motorcycle riders before the accident . "There have to be stricter penalties," David Kubert told the Newark Star-Ledger in 2009 . "That's the only thing that is going to stop it . " Earlier this year, Best pleaded guilty to three motor vehicle summonses from the crash: using a hand-held cellphone while driving, careless driving, and failure to maintain a lane, The Daily Record reported . He was sentenced to $775 in fines and ordered to speak about the dangers of texting and driving at local high schools . But the Kuberts want Colonna to pay a price, too . Weinstein, said that while she wasn't present in the car, she was "electronically present" . “I think any reasonable jury can determine that she had knowledge that when he text (sic) her and he said ‘I’m back’ she knew he was driving home for dinner because she spent the day with him,” Weinstein said . He compared her actions to someone who enables someone to drive drunk . Colonna's lawyer argued that as a text message sender, she had the right to assume her text would be read at a "safe time," The Daily Record reported . "It's not fair," Joseph McGlone argued, according to The Record . "It's not reasonable . Shannon Colonna has no way to control when Kyle Best is going to read that message . " Colonna’s lawyers filed a motion to dismiss, which the judge is supposed to rule on later this month . Regardless of his ruling on Colonna’s role in the crash, the couple is also suing Best . Weinstein said his clients want the insurance company to pay up for their medical costs -- and for the New Jersey legislature to pass a law discouraging texting while friends are driving . “Their man focus is to get some law passed to prevent this and make it strict that you don’t text someone while driving,” he said .	SurferJoe46 (51)
1276919	2012-05-23 19:45:00	Of course.... lawyer "Skippy" is a partner in that well known American law firm, "Sue, Sue & Grabit". Only in America Joe. Ken	kenj (9738)
1276920	2012-05-23 21:02:00	yes serial texters should have their car, cellphone and themselves crushed	gary67 (56)
1276921	2012-05-23 21:04:00	Of course.... lawyer "Skippy" is a partner in that well known American law firm, "Sue, Sue & Grabit". Only in America Joe. Ken I think the problem goes deeper than a cash grab. There's a lot of frustration against people who don't take care of their moral and legal obligations. Since this is such a large country, there are a lot of scofflaws and they won't get insurance, won't register a car and won't get a driver's license either. Against THESE types there is a lot of rage. I have been hit four times by illegal aliens (oops - can't say that! Make it: 'Tourists Without GPSs') who were drunk (3x), unregistered (4x), uninsured (4x) ran away before the police arrived (2x), driving a stolen car (same 2x), not held accountable nor arrested (2x). So - it my onus to collect from MT insurance company to repair my own vehicle (Uninsured Motorist Coverage - an oxymoron since it's not possible to get a driver's license without proof of insurance or a valid ID). Claims for Uninsured Motorists raises my insurance premium by 30-40% each and every time. It's not therefor financially intelligent to make a claim so you just drive a broken-dented-smashed car until you can afford to fix it. I think anyone who is so incensed will try almost anything seeking retribution. It's a vicious cycle. It's unfair.	SurferJoe46 (51)
1276922	2012-05-23 21:57:00	We should also sue all the newspapers, since they can potentially be read while driving causing an accident. Oh, and all food & drink manufacturers, because enabling me to drink a coffee while driving is their fault, too. Typical, it's all about shifting responsibility these days. This case is clear-cut, the driver of the car who caused the crash chose to read the text while driving, it's noones fault but his own.	inphinity (7274)
1276923	2012-05-23 23:26:00	We should also sue all the newspapers, since they can potentially be read while driving causing an accident. Oh, and all food & drink manufacturers, because enabling me to drink a coffee while driving is their fault, too. Typical, it's all about shifting responsibility these days. This case is clear-cut, the driver of the car who caused the crash chose to read the text while driving, it's noones fault but his own. no, but what if you handed the news paper to a driver, or handed them a pie or drink in the car? a bit different now isnt it.	Gobe1 (6290)
1276924	2012-05-24 00:00:00	I had a guy who worked for me whilst driving could use his phone, eat a pie, drink a coke, write something down, put on indicators, yell road rage (as you do) all at the same time.	prefect (6291)
1276925	2012-05-24 00:25:00	I had a guy who worked for me whilst driving could use his phone, eat a pie, drink a coke, write something down, put on indicators, yell road rage (as you do) all at the same time. and why isn't he working for you now.:D	mikebartnz (21)
1276926	2012-05-24 01:06:00	no, but what if you handed the news paper to a driver, or handed them a pie or drink in the car? a bit different now isnt it. But the person sending the text wasn't with him to know he was in the car. They're saying she should have been able to think that maybe he might be in the car. Well, the fellow at the dairy that sold you the newspaper should be able to think maybe you might have driven there in your car, and be about to drive away in your car with the newspaper he's just sold you. So it's his fault if you read it while driving now. It's still all about trying to absolve people of responsibility for their own actions, which is utter bollocks.	inphinity (7274)
1276927	2012-05-24 01:20:00	I have has texts from vodafone come hours after they sent. So that means under that clever yank system anyone who sends a text could get his ass sued. No wonder they came second in Vietnam.	prefect (6291)
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